CompFox AI Summary
The applicant sought removal of an order that took the case off-calendar to allow the defendant to obtain a vocational evaluation, arguing it caused prejudice and delay. The Appeals Board denied the petition, finding no substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy. The Board agreed with the WCJ that the defendant was not obligated to obtain a rebuttal vocational report until the applicant presented evidence that might rebut the Permanent Disability Rating Schedule. The applicant's delay arguments were deemed insufficient to warrant removal.
Full Decision Text1 Pages
The applicant sought removal of an order that took the case off-calendar to allow the defendant to obtain a vocational evaluation, arguing it caused prejudice and delay. The Appeals Board denied the petition, finding no substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy. The Board agreed with the WCJ that the defendant was not obligated to obtain a rebuttal vocational report until the applicant presented evidence that might rebut the Permanent Disability Rating Schedule. The applicant's delay arguments were deemed insufficient to warrant removal.
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